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Zulu v. Jayne

United States District Court, Second Circuit

December 16, 2013

ARKIL LION KING ZULU, (96-A-4462), formerly known as ARKIL JOHNSON, Plaintiff,
v.
PAUL JAYNE, et al., Defendants.

DECISION AND ORDER

JEREMIAH J. McCARTHY, Magistrate Judge.

This case was referred to me by Hon. Richard J. Arcara for supervision of pretrial proceedings [13].[1] Before me is plaintiff's motion to compel [42]. Oral argument was held on December 12, 2013. For the following reasons, plaintiff's motion is denied in part and my decision is reserved in part pending review of defendants' in camera submissions.

BACKGROUND

Plaintiff, an inmate, commenced this action pro se pursuant to 42 U.S.C. ยง 1983, alleging that he was subjected to excessive force by defendants on November 26, 2010, while shackled in the draft area of the Southport Correctional Facility. Complaint [1]. On or about November 3, 2013, plaintiff served his First Request for Production of Documents [31], and defendants responded on or about November 19, 2013 [37]. Dissatisfied with certain aspects of defendants' production, plaintiff moves to compel the following items requested in his First Request for Production of Documents:

"1. Watch commander log book entry pertaining to the incident on November 26, 2010.
3. Any and all rules, regulations, and policies of the New York Department of Corrections in relation to when a prison guard is authorized to use force against a prisoner.
4. An inspection of Correction Law 137(5).
6. Photographs of entire intake area/draft area.
7. Production of policy statements.
8. Production of prison rules and employee manual.
9. Any and all complaints or grievances from 2011 to the present in relation to defendants Jayne, Miller, Herrick, Marshall pertaining to excessive use of force.
10. Any and all policies, directives or instructions to staff concerning use of force by Southport security staff."[2]

In addition to the production of this discovery, plaintiff's motion to compel seeks "$10.000 as reasonable ...


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